Capquest have issued statutory demand - Advice please **Set Aside**

[UK26]

can you scan a copy of the Affidavit that you sent the court?

 

this is what i sent

[shedder101]

True UK

 

but have a letter of crapquest saying they have give up and i need now to contact Barclays

 

see why i am confused

[shedder101]

it was the templated one of Post

[UK26]

Under which section of the INSOLVENCY Act cant they?

 

 

Have You Confirmed With The Registry Trust That There Is In Fact A Ccj

 

Have You Been Paying The Court Any Money Ref This Ccj

 

If There Is A Ccj, Why Is Crappyquest Issuing An Sd, They Cant As The Account Is Terminated

 

If They Are The Creditor, They Have To Enforce Through The Court, Baliffs, Attachment Of Earnings Ets, Not An Sd

[shedder101]

no havent done the registry

 

paid barclays 10 a month for 18 months in 2002 to 2003 then stopped couldn't afford it

 

havent herd a thing since 2003 till crapquest in may this year

[postggj]

Well They Would Need The Permission Of The Court To Enforce The Judgement If A Period Of Six Years Has Passed Since The Judgement And No Contact

[shedder101]

had this a couple of days ago

 

on another debt a solicitor for lowells sent a county court papers, i put in a full defence herd nothing had a letter from court stating if nothing in 28 days it was styed. that was oct 2009 then last week had a demand for payment from the same solicitor quoting the court case number in the document, but as i said i hadnt gone to court or anything to put my defence.

 

are they trying to frighten people by sending court papers if you difend drop them then months later try again

 

that cant be legal

[postggj]

You Need To Check With The Registry Trust If A Ccj Has Been Issued

 

I Cant Believe There Is A Ccj If The Case Was Stayed

 

You Would Have Been Notified By The Court Otherwise

[UK26]

1) Agreed Mr Barry Davies is a pain to get hold of via the normal phone numbers.

Here are his full details

Barry Davies | Head of Legal Services | CapQuest Group Limited | Fleet27 | Rye Close | Fleet | Hampshire | GU51 2QQ | Direct Dial: 0871 574 3068 | Fax: 0871 574 3068 | Mobile: 07920 136 054 | Email [email protected]

 

2) How can you claim not to have received the SD when you know its full contents.

3) RE: The Effect of failing to comply with CCA ACT, Capquest have judgement against the defendant, therefore, the Claimant need not prove his case any further.

 

 

 

 

 

 

there still needs form 6.4 to fill out

 

ill email them you as an attachment for you to print off and ill include your personal details also if required

 

let me know

 

 

you need to take form 6.4 & 6.5 with the stat demand to your local court

 

give them a call and as if they take bankrupcy petitions, if not, they will tell you the nearest one

 

ask the court clerk if you can swear an affadavit, (its free)

 

thats it then

 

make three copies of the docs and take to the court

 

 

it needs to be gone over to tidy it up a bit and ill do that when i know what you decide

 

its just a rough draft

[postggj]

Me Thinks A Late Witness Statement Is In Order

 

As The Application Is Tuesday, You Will Need To Fax It Monday To The Court

 

Ok People

 

Lets Get Our Heads Togeather

 

Me Thinks They Cant Enforce With Out The Permission Of The Court As A Period Of Six Years Has Passed

 

Comments PeOple

 

Signing Off As I Realy Do Need To Get Back To Work

[UK26]

Would be a good idea if you start a new thread for Lowells,

 

Post a copy of the Claim form and your defence and ill have a look

 

had this a couple of days ago

 

on another debt a solicitor for lowells sent a county court papers, i put in a full defence herd nothing had a letter from court stating if nothing in 28 days it was styed. that was oct 2009 then last week had a demand for payment from the same solicitor quoting the court case number in the document, but as i said i hadnt gone to court or anything to put my defence.

 

are they trying to frighten people by sending court papers if you difend drop them then months later try again

 

that cant be legal

[shedder101]

done it

 

this is the one i took to the court

 

will re post in a min due to edit

Edited July 17, 2010 by shedder101

[UK26]

I did think this was i saw the dates of 2003 on one of the posts in this thread.

 

When was the last payment on the account?

 

Me Thinks A Late Witness Statement Is In Order

 

As The Application Is Tuesday, You Will Need To Fax It Monday To The Court

 

Ok People

 

Lets Get Our Heads Togeather

 

Me Thinks They Cant Enforce With Out The Permission Of The Court As A Period Of Six Years Has Passed

 

Comments PeOple

 

Signing Off As I Realy Do Need To Get Back To Work

[shedder101]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/238573-ccj-advice-please.html

 

thats the thread address i started

[shedder101]

last payment was in june 2003 i believe

[UK26]

Ok and what was the date of the judgement

 

last payment was in june 2003 i believe

[Mozz1]

Hmmm...anyone out there willing to provide a witness statement in time for Shedder that Barry Davies does NOT respond to 'phone calls and CANNOT be contacted?

 

Shedder, get an answer to each of the points Bazza makes. It might be worthwhile starting a new urgent thread on the legal issues forum??

[UK26]

Ill do a witness statement

 

will post a draft copy asap

[shedder101]

Ok and what was the date of the judgement

 

well this is the point i dont know

 

there has been no CCJ on my credit file to my knowledge i really don't know and i have checked my credit file last week and nothing shows

[shedder101]

the witness statement? does that need to be sent to the court as i am going on monday to put in my costs as per advice from Post

 

so should i not put in my cost form

[SL8R]

Your personal information is showing on the SD. ?

[UK26]

Yes, it does

 

 

I am doing one now, which will help the judge understand the problems that so many people have with Capquest. PS, once a copy lands in the hands of Davies, he wont be a happy bunney

 

the witness statement? does that need to be sent to the court as i am going on monday to put in my costs as per advice from Post

 

so should i not put in my cost form

[shedder101]

done the mods sorry

[UK26]

Here is a basic witness statement that I have done for you to hand the court, might help the judge make an informed decision.

 

If you contact me by PM, I will provide you with a proper signed version

 

 

 

 

 

WITNESS STATEMENT OF UK26

 

 

I, UK26 of XXXXXXXXX say as follows:

 

I have been involved personally in a previous case with the Capquest Group of Companies. The matters in this witness statement are of my own knowledge from my dealings with Capquest.

 

1) Capquest purchased an alleged debt account from Capital One Bank “Credit Card Account” and was pursuing me for payment of this alleged account. Once I received correspondence from the company “CapQuest Debt Recovery Limited” I requested copy of the alleged credit agreement from Caqquest Debt Recovery Limited, which was provided to me, at some point in time, however on receipt of this, it was discovered that the agreement was unenforceable in law under the consumer credit act 1974. CapQuest also sent me copies of bank statements which listed all the transactions under the alleged account. It was discovered that more then half of the balance of the account consisted of “Over Limit Fees, Late Payment Fees, Default Charges and Payment Protection Insurance”

 

 

2) The charges where discussed with Capquest Debt Recovery Limited, however was not satisfactory addressed by Capquest Debt Recovery and instead of dealing with the matter concerning the dispute, sent a letter advising its intention of issuing a statutory demand within 7 days of the letter.

 

 

3) The agreement did not permit the creditor the right to make default charges on the account as the term required by the consumer credit act 1974 was missing from the agreement. This was recorded in correspondence to Capquest Debt Recovery Limited but was unsatisfactory addressed by Capquest.

 

 

4) Numerous letters where sent to Capquest advising that the agreement was unenforceable and was duly passed to my solicitors Waller Needham & Green to further make Capquest Debt Recovery Limited aware of its unenforceability of the account.

 

 

5) A reply from Barry Davies who is employed as Head of Legal Services at the Capquest Group of Companies sent a reply to my solicitors Waller Needham & Green asking for us to confirm why the agreement was unenforceable and that they contend that the agreement was indeed enforceable and keep arguing this point in many of the previous correspondence.

 

 

6) My solicitor indeed replied to Capquest making them fully aware of why the agreement was indeed unenforceable. I issued a county court claim against Capquest Debt Recovery Limited and Capquest Investments Limited under case number: xxxxxxxxxx in the Peterborough County Court and was later transferred to Southend County court.

 

 

 

 

7) I tried to contact Mr Barry Davies on many occasions by telephone without success, the contact telephone numbers that Mr Barry Davies provided the court on the N9 Response Pack to my N1 Claim form was “0870 084 2565” This number is for a department within Capquest, and when asked to speak with Mr Barry Davies I was always asked for my Name and contact number and Mr Barry Davies would return my call. At no point in time did Mr Barry Davies return any of my phone calls when requested. I would like to point out that during the last 24 hours before my case was due to go before the district judge for a 3 hour trial, I received a letter from Mr Barry Davies inviting me to contact him by telephone on 0871 574 3068.

 

 

( 8 ) On 1st July 2010 I contacted Mr Barry Davies by telephone as requested on his letter that I received. During this telephone conversation, Mr Barry Davies agreed that the agreement was unenforceable and did not want to take up anymore of the courts time. I am under a confidentiality agreement with Capquest and cannot disclose any specific information. However I would like to make the following noted.

 

 

A) From my very own personal experience with the Capquest Group of Companies, it would appear to me, that if you challenge any of the information they hold against you, they what it would seem is threaten you with Statutory Demands in the hope that the alleged debtors payees money to Capquest to avoid bankruptcy proceedings. My solicitors Waller Needham & Green pointed out to Capquest that this is an abuse of process where there is a litigate dispute.

 

 

B) It is recorded in so many other cases, I hear about what Capquest are doing nationally to most of this customer base, instead of dealing with any enforcement for repayment of debtor accounts via the County Court by issuing a county court claim, it would indeed appear that Capquest are in fact choosing to issue statutory demands as this put greater fear upon people in efforts to try and secure payments that would otherwise not be made unless by order of a court following a successful county court claim against the debtors.

 

I believe the facts stated in this witness statement are true.

………………………………………………….

 

UK 26

 

Dated: 17/07/2010

Edited July 17, 2010 by UK26

[UK26]

Just had a thought, can you confirm who is named on the SD as the Creditor "The full company Name"